Non-Compete Agreements in 2026: The FTC Ban Failed – What Employers Need to Know

The FTC tried to ban non-compete agreements nationwide in 2024, but that ban didn’t survive legal challenges.

So where does that leave employers?

Claudia St. John, CEO of The Workplace Advisors, breaks down the current state of non-compete law, which states have moved forward with their own bans (California, Oklahoma, Wyoming, Montana, Minnesota, and more), and what smart employers should be doing right now.

In this HR Minute, you’ll learn:

– Why there’s currently no federal restriction on non-competes
– Which states have banned or restricted them
– How to audit your existing restrictive covenants (non-competes, non-solicitations, confidentiality agreements)
– Whether a non-compete is even the right tool or if your employee handbook should do the work instead

Need help reviewing your restrictive covenants or building a strategy? We can help.

Connect with us!
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E-mail:
claudia@theworkplaceadvisors.com

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Website:
http://www.theworkplaceadvisors.com

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LinkedIn:
https://www.linkedin.com/in/claudiastjohn/
https://www.linkedin.com/company/theworkplaceadvisors

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Want more HR Minute Videos:
https://www.youtube.com/playlist?list=PLBuCma_pb3Y5ow6y_se-L4XKRIFjkLv-o

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The Advice Bites blog delivers practical, tactical, and informative guidance about the biggest workplace trends, and thoughtful insights about how you can apply them to your business.